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Agenda 12/11/2012 Item #16A36r b -4 0,1 � Ann P. Jennejohn From: FlaggDiane <DianeFlagg @colliergov.net> Sent: Monday, December 10, 2012 1:45 PM To: Minutes and Records Subject: FW: Walk on item- 2621 tarpon Road Attachments: nelson releases.pdf, Exec sum timothy nelson.doc Importance: High From: FlaggDiane Sent: Monday, December 10, 2012 1:27 PM To: Trish L. Morgan Cc: BakerJennifer; CasalanguidaNick Subject: Walk on item- 2621 tarpon Road Importance: High Trish, Attached is an add -on item prepared by the County Attorney's Office, at the request of Rich Yovanovich, for the BCC meeting tomorrow. 2%4w V, lea", Dureet 6,4 5at0ae --r DeA=t-ecrt 0-441 Acura yec-"e & ,RCPu 200 7t. !fmraed4ae Dune 7 , �?Z 34W Al. (239) 252 -2440 44ff g('a@C� . aet Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" From: Casalanguida Nick Sent: Monday, December 10, 2012 9:24 AM To: FlaggDiane; BakerJennifer Cc: BrockMaryJo; OchsLeo Subject: FW: Walk on item- 2621 tarpon Road Importance: High Pls review and make sure minutes and records is aware per the highlighted area below illf RP�3("e7 From: BrockMaWo On Behalf Of OchsLeo Sent: Monday, December 10, 2012 7:15 AM To: CasalanguidaNick; OchsLeo Subject: FW: Walk on item- 2621 tarpon Road Nick, I am adding this onto tomorrow's change sheet (Item 16A36). Per Leo, please send the BCC a memo this morning (copy Leo and the Cty Atty) stating the attached executive summary will be added onto the change sheet. Include the back -up material so they have it all in advance of tomorrow. Please send a courtesy „co jr to Minutes and Records. Thanks, MJ Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office mary.jobrock@colliergov.net 239.252.8364 please consider the environment before printing this email From: FialaDonna Sent: Friday, December 07, 2012 12:01 PM To: OchsLeo Cc: Richard Yovanovich; FlaggDiane Subject: FW: Walk on item- 2621 tarpon Road Leo, I support adding this item to the Dec. 11th Agenda and ask to include it within the consent agenda items. Donna Fiala From: Richard Yovanovich [ mailto :ryovanovich(cbcyklawfirm.com] Sent: Friday, December 07, 2012 9:23 AM To: FialaDonna Cc: OchsLeo Subject: Walk on item- 2621 tarpon Road Commissioner Fiala, As we discussed, I have a client who is purchasing a property in a short sale. The bank is requiring the closing to occur by December 21, 2012. Unfortunately, the bank approval for the short sale was received after the agenda deadline for the December 11, 2012 meeting. There is a code enforcement lien on the property because the owner has a violation on another piece of property. Staff is willing to release the lien on this property so my client can buy it and get It back into repair. My client has already paid the sum requested by staff. I am attaching the Executive Summary prepared by Jeff Wright in the County Attorney's Office. It details the history and the fact that the County will not be able to collect any money if the foreclosure sale occurs. We believe it is in all parties best interest to have the sale occur so the property can be properly maintained. I am requesting that you contact the County Manager and let him know that you support adding this item to the December 11, 2012 agenda. Typically, these items are consent agenda items and I hope this can be added to the consent agenda. If you have any questions regarding this matter, please do not hesitate to contact me. Thank -you for your assistance. Richard D. Yovanovich, Esq. Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435 -3535 x 256 (239) 435 -1218 (f) ATTENTION: This email message, including all attachments, is private and may contain confidential and privileged information. If you are not the intended recipient, do not use, disclose, copy, or disseminate this information. Please notify the sender by reply e -mail and immediately delete the message. From: Wright7eff [ mailto :JeffWriaht@)colliergov.net] Sent: Thursday, December 06, 2012 5:04 PM To: PuigJudy Cc: FlaggDiane; BakerJennifer; Richard Yovanovich; Chris Cona; KlatzkowJeff Subject: Walk on item Judy— As requested, I have put together an ES and 4 partial releases. They are attached. Jeff Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney 3299 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 239 - 252 -8400 239 - 252 -6300 (fax) Undet Florida Law, e mail addresses are pm)lic records. If you do not Want yOar e -rail addre ss released 4) response to a pubk records request: do not send e!cctronie mail to This entity. Instead, contact this office by telephone of in writirw,,. EXECUTIVE SUMMARY Recommendation to authorize the partial release of four liens in relation to four Special Magistrate orders entitled Collier County v. Timothy S. Nelson, CEB Case Nos. CENA- 2009 - 0015974; CEV -2009- 0015983; CESD- 2009 - 0015977, and CEPM- 2009- 0015979, to release the liens with respect to 2621 Tarpon Road, Collier County, Florida OBJECTIVE: To partially release four code enforcement liens encumbering property known as 2621 Tarpon Lane, Collier County, Florida. CONSIDERATIONS: As a result of four separate code violations at 3461 Verity Lane ( "violation" property), the Code Enforcement Special Magistrate entered certified copies of four liens ( "Liens ") against all real and personal property owned by Timothy S. Nelson. The underlying violations concern litter, an unlicensed boat trailer, unpermitted improvements, and property maintenance violations. In addition to the violation property, the Liens also encumber Mr. Nelson's property at 2621 Tarpon Road ( "target" property), which is co -owned by Mr. Nelson and currently the subject of a foreclosure action (Case No. 09- 1322 -CA). There are no known code violations on the target property. The County is not a party to the foreclosure action. However, because the Liens were recorded after the foreclosure lis pendens was recorded for the target property, the Liens would likely be unenforceable against the target property after the foreclosure. As part of a scheduled short sale, the parties to the sale contacted the County, seeking partial release of the Liens with respect to the target property. FISCAL IMPACT: The property owner's attorney has provided payment in the amount of $900.66, representing the County's operational costs for the four cases ($450.66) plus an administrative fee ($450.00). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners approve the partial release of four liens with respect to the property located at 2621 Tarpon Lane, Collier County Florida, and authorize the Chairman to sign the attached partial releases of lien. PREPARED BY: Jeff E. Wright Assistant County Attorney This instrument prepared by: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE OF LIEN This is to certify that the claim of lien ( "Lien ") arising out of the Order of the Special Magistrate dated June 4, 2010, a certified copy of which was recorded on July 1, 2010, in O.R. Book 4581, Pages 3468 -69, of the Public Records of Collier County, Florida, against all real and personal property owned by Timothy S. Nelson, has been partially discharged, only with respect to the following property: 2621 Tarpon Road, Collier County, FL Reference: Case No. OSM CENA- 2009 - 0015974 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Timothy S. Nelson, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: w J4 E Wright As ' tant County Attorney 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I: FRED W. COYLE, CHAIRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE OF LIEN T4%1 1ia++(., This is to certify that the claim of lien ( "Lien ") arising out of the Order of the Special Magistrate dated June 4, 2010, a certified copy of which was recorded on July 1, 2010, in O.R. Book 4581, Pages 3476 -77, of the Public Records of Collier County, Florida, against all real and personal property owned by Timothy S. Nelson, has been partially discharged, only with respect to the following property: 2621 Tarpon Road, Collier County, FL Reference: Case No. OSM CEV- 2009 - 0015983 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Timothy S. Nelson, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Jeff right Assi t County Attorney 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IIn FRED W. COYLE, CHAIRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE OF LIEN This is to certify that the claim of lien ( "Lien ") arising out of the Order of the Special Magistrate dated July 16, 2010, a certified copy of which was recorded on July 30, 2010, in O.R. Book 4590, Pages 2167 -68, of the Public Records of Collier County, Florida, against all real and personal property owned by Timothy S. Nelson, has been partially discharged, only with respect to the following property: 2621 Tarpon Road, Collier County, FL Reference: Case No. OSM CESD- 2009 - 0015977 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Timothy S. Nelson, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: S Jef E. right Assi t County Attorney 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN This instrument prepared by: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34112 (239) 252 -8400 PARTIAL RELEASE OF LIEN � I This is to certify that the claim of lien ( "Lien ") arising out of the Order of the Special Magistrate dated July 16, 2010, a certified copy of which was recorded on July 30, 2010, in O.R. Book 4590, Pages 2169 -70, of the Public Records of Collier County, Florida, against all real and personal property owned by Timothy S. Nelson, has been partially discharged, only with respect to the following property: 2621 Tarpon Road, Collier County, FL Reference: Case No. OSM CEPM- 2009 - 0015979 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Timothy S. Nelson, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk LIM , Deputy Clerk Approved as to form and legal sufficiency: 4effff VWright start County Attorney 2012, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN